As long as the client’s opponent has money or assets it should be possible to recover costs provided an order for costs is made, or the opponent agrees to pay them. The general approach taken by the courts is to order the loser to pay the winner’s costs, although the court has a wide discretion and might be persuaded otherwise.

However, a client will never recover all of his costs unless, that is, his solicitor limits his costs to the amount recovered. On an assessment of costs the court will only allow the party who is to receive the costs what it considers reasonable. For example the court would not allow a high hourly rate in relation to a relatively low value dispute. Solicitors’ opinions about the percentage of costs that can be recovered differ and some put it as low as 65%. In our view it ought to be possible to persuade the court to allow 80% of a client’s costs.

 Back